REPUBLIC OF KENYA
KWALE COUNTY GOVERNMENT
STANDARD TENDER DOCUMENT
FOR
TENDER NAME:
SUPPLY AND DELIVERY OF SPAREPARTS FOR,
MOTOR VEHICLES, MOTOR CYCLES, PLANTS &
MACHINERIES AND TRACTORS
TENDER NUMBER:
CGK/337/2016-2018
SUBMITTED ON OR BEFORE FRIDAY 10 JUNE 2016
TH
KwaIe County Government F/Y 2016 -2018
TABLE OF CONTENTS
PAGE
INTRODUCTION …………………………….
3
SECTION I
INVITATION TO TENDER……………………
4
SECTION II
INSTRUCTIONS TO TENDERERS………….
Appendix to Instructions to Tenderers …………
5
21
SECTION III
GENERAL CONDITIONS OF CONTRACT……. 23
SECTION IV
SPECIAL CONDITIONS OF CONTRACT…….. 30
SECTION V
TECHNICAL SPECIFICATIONS………………
32
SECTION VI
SCHEDULE OF REQUIREMENTS…………….
34
SECTION VII
PRICE SCHEDULE FOR GOODS……………..
35
SECTION VIII
STANDARD FORMS………………………….
36
8.1
FORM OF TENDER……………………………
37
8.2
CONFIDENTIAL BUSINESS
QUESTIONNAIRES FORMS………………..
38
8.3
TENDER SECURITY FORM……………………. 39
8.4
CONTRACT FORM……………………………… 40
8.5
PERFORMANCE SECURITY FORM…………… 41
8.6
BANK GUARANTTE FOR ADVANCE
PAYMENT FORM………………………………. 42
8.7
MANUFACTURER’S AUTHORIZATION
FORM……………………………………………. 43
Kwale County Government F/Y 2016-2018
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Introduction
1.1
This Standard Tender Document has been prepared for use by public
entities in Kenya
1.2
The following general directions should be observed when using the
document.
(a) Specific details should be furnished in the Invitation to Tender and
in the special conditions of contract. The final documents to be
provided to the tenderers should not have blank spaces or give
options
(b)
1.3
The Instructions to Tenderers and the general conditions of
contract should remain unchanged. Any necessary amendments to
these parts should be made through the special conditions of
contract and the appendix to instructions to tenderers.
(a) Information contained in the Invitation to Tender shall conform to
the data and information in the tender documents to enable potential
tenderers to decide whether or not to participate and shall indicate any
important tender requirements.
(b) The Invitation to Tender shall be issued as an advertisement in
accordance with the regulations or a letter of invitation addressed to
tenderers who have expressed interest following the invitation for
expression of interest for which the invitation is issued.
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SECTION I
INVITATION TO TENDER
DATE 27/05/2016
TENDER REF NO:
(CGK/337/2016-2018)
TENDER NAME :
(SUPPLY AND DELIVERY OF SPARE
PARTS FOR MOTOR VEHICLES, MOTOR CYCLES, PLANTS AND
MACHINERY AND TRACTORS)
1.1
The COUNTY GOVERNMENT OF KWALE invites sealed bids
from eligible candidates for supply of SPARE PARTS FOR
MOTOR VEHICLES, MOTOR CYCLES,PLANT AND
MACHINERY AND TRACTORS.
Interested eligible candidates may obtain further information from and
inspect the tender documents at COUNTY GOVERNMENT OF
KWALE PROCUREMENT OFFICE OF P.O BOX 4 KWALE
during normal working hours.
1.2
A complete set of tender documents may be obtained by interested
candidates by downloading at KWALE COUNTY GOVERNMENT
website : www.kwalecountygov.com
1.3
Completed tender documents are to be enclosed in plain sealed
envelopes marked with tender reference number and be deposited in
the Tender Box at (KWALE COUNTY HEADQUATERS
PROCUREMENT OFFICE) or be addressed to (PROCUREMENT
OFFICE P.O BOX 4 KWALE) so as to be received on or before
(Friday 10th June 2016 10:00 am)
1.4
Prices quoted should be net inclusive of all taxes and delivery must be
in Kenya Shillings and shall remain valid for ( 90) days from the
closing date of the tender.
1.5
Tenders will be opened immediately thereafter in the presence of the
Candidates or their representatives who choose to attend at
(COUNTY GOVERNMENT OF KWALE PROCUREMENT
OFFICE)
For (Accounting Officer/Procuring entity)
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SECTION II
-
INSTRUCTIONS TO TENDERERS
Table of Clauses
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
(a)
(b)
(c)
(d)
2.27
2.28
2.29
2.30
Page
Eligible tenderers………………………
6
Eligible goods………………………….
6
Cost of tendering………………………… 6
Contents of Tender document……………… 7
Clarification of documents……………… 7
Amendment of documents……………..
8
Language of tender……………………..
8
Documents comprising the tender………. 8
Tender forms…………………………….. 9
Tender prices……………………………... 9
Tender currencies…………………………. 9
Tenderers eligibility and qualifications…… 0
Goods’ eligibility and conformity to
tender documents………………………….. 10
Tender security……………………………. 11
Validity of tenders………………………… 12
Format and signing of tenders……………. 13
Sealing and marking of tenders……………. 13
Deadline for submission of tender ………… 14
Modification and withdrawal of tenders….. 14
Opening of tenders………………………… 15
Clarification of tenders…………………….. 15
Preminary examination…………………….. 15
Conversion to single currency…………… 16
Evaluation and comparison of tenders…….. 16
Contacting the procuring entity……………. 17
Award of contract………………………….. 17
Post qualification………………………….. 17
Award criteria…………………………….. 17
Procuring entity’s right to vary quantities…. 18
Procuring entity’s right to accept or
reject any or all tenders …………………… 18
Notification of award…………………….. 18
Signing of contract………………………. 18
Performance security………………………. 19
Corrupt or fraudulent practices……………. 19
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SECTION II
2.1
-
INSTRUCTIONS TO TENDERERS
Eligible Tenderers
2.1.1 This Invitation for Tenders is open to all tenderers eligible as
described in the Invitation to Tender. Successful tenderers shall
complete the supply of goods by the intended completion date
specified in the Schedule of Requirements Section VI.
2.1.2 The procuring entity’s employees, committee members, board
members and their relative (spouse and children) are not eligible to
participate in the tender.
2.1.3 Tenderers shall provide the qualification information statement that
the tenderer (including all members of a joint venture and
subcontractors) is not associated, or have been associated in the past,
directly or indirectly, with a firm or any of its affiliates which have
been engaged by the Procuring entity to provide consulting services
for the preparation of the design, specifications, and other documents
to be used for the procurement of the goods under this Invitation for
tenders.
2.1.4 Tenderers shall not be under a declaration of ineligibility for corrupt
and fraudulent practices.
2.2
Eligible Goods
2.2.1 All goods to be supplied under the contract shall have their origin in
eligible source countries.
2.2.2 For purposes of this clause, “origin” means the place where the goods
are mined, grown, or produced. Goods are produced when, through
manufacturing, processing, or substantial and major assembly of
components, a commercially-recognized product results that is
substantially different in basic characteristics or in purpose or utility
from its components
2.2.3 The origin of goods is distinct from the nationality of the tenderer.
2.3
Cost of Tendering
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2.3.1 The Tenderer shall bear all costs associated with the preparation and
submission of its tender, and the procuring entity, will in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the tendering process.
2.3.2 The price to be charged for the tender document shall not exceed
Kshs.0/=
2.3.3 All firms found capable of performing the contract satisfactorily in
accordance with the set prequalification criteria shall be prequalified.
2.4.
The Tender Document
2.4.1 The tender document comprises the documents listed below and
addenda issued in accordance with clause 2.6 of these instructions to
Tenderers
(i)
Invitation to Tender
(ii) Instructions to tenderers
(iii) General Conditions of Contract
(iv) Special Conditions of Contract
(v) Schedule of requirements
(vi) Technical Specifications
(vii) Tender Form and Price Schedules
(viii) Tender Security Form
(ix) Contract Form
(x) Performance Security Form
(xi) Bank Guarantee for Advance Payment Form
(xii) Manufacturer’s Authorization Form
(xiii) Confidential Business Questionnaire
2.4.2 The Tenderer is expected to examine all instructions, forms, terms,
and specifications in the tender documents. Failure to furnish all
information required by the tender documents or to submit a tender
not substantially responsive to the tender documents in every respect
will be at the tenderers risk and may result in the rejection of its
tender.
2.5
Clarification of Documents
2.5.1 A prospective tenderer requiring any clarification of the tender
document may notify the Procuring entity in writing or by post at the
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entity’s address indicated in the Invitation to Tender. The Procuring
entity will respond in writing to any request for clarification of the
tender documents, which it receives not later than seven (7) days
prior to the deadline for the submission of tenders, prescribed by the
procuring entity. Written copies of the Procuring entities response
(including an explanation of the query but without identifying the
source of inquiry) will be sent to all prospective tenderers that have
received the tender document.
2.5.2 The procuring entity shall reply to any clarifications sought by the
tenderer within 3 days of receiving the request to enable the tenderer
to make timely submission of its tender.
2.6
Amendment of Documents
2.6.1 At any time prior to the deadline for submission of tenders, the
Procuring entity, for any reason, whether at its own initiative or in
response to a clarification requested by a prospective tenderer, may
modify the tender documents by amendment.
2.6.2 All prospective candidates that have received the tender documents
will be notified of the amendment in writing or by post and will be
binding on them.
2.6.3 In order to allow prospective tenderers reasonable time in which to
take the amendment into account in preparing their tenders, the
Procuring entity, at its discretion, may extend the deadline for the
submission of tenders.
2.7
Language of Tender
2.7.1 The tender prepared by the tenderer, as well as all correspondence and
documents relating to the tender exchange by the tenderer and the
Procuring entity, shall be written in English language, provided that
any printed literature furnished by the tenderer may be written in
another language provided they are accompanied by an accurate
English translation of the relevant passages in which case, for
purposes of interpretation of the tender, the English translation shall
govern.
2.8
Documents Comprising of Tender
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2.8.1 The tender prepared by the tenderers shall comprise the following
components
(a) a Tender Form and a Price Schedule completed in
accordance with paragraph 2.9, 2.10 and 2.11 below
(b) documentary evidence established in accordance with
paragraph 2.1 that the tenderer is eligible to tender and is
qualified to perform the contract if its tender is accepted;
(c) documentary evidence established in accordance with
paragraph 2.2 that the goods and ancillary services to be
supplied by the tenderer are eligible goods and services
and conform to the tender documents; and
(d) tender security furnished in accordance with paragraph
2.14
2.9
Tender Forms
2.9.1 The tenderer shall complete the Tender Form and the appropriate
Price Schedule furnished in the tender documents, indicating the
goods to be supplied, a brief description of the goods, their country of
origin, quantity, and prices.
2.10 Tender Prices
2.10.1 The tenderer shall indicate on the appropriate Price Schedule the unit
prices and total tender price of the goods it proposes to supply under
the contract
2.10.2 Prices indicated on the Price Schedule shall include all costs
including taxes, insurances and delivery to the premises of the entity.
2.10.3 Prices quoted by the tenderer shall be fixed during the Tender’s
performance of the contract and not subject to variation on any
account. A tender submitted with an adjustable price quotation will
be treated as non-responsive and will be rejected, pursuant to
paragraph 2.22
2.10.4 The validity period of the tender shall be 60 days from the date of
opening of the tender.
2.11 Tender Currencies
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2.11.1 Prices shall be quoted in Kenya Shillings unless otherwise specified in
the Appendix to Instructions to Tenderers.
2.12 Tenderers Eligibility and Qualifications
2.12.1Pursuant to paragraph 2.1. the tenderer shall furnish, as part of its
tender, documents establishing the tenderers eligibility to tender and
its qualifications to perform the contract if its tender is accepted.
2.12.2The documentary evidence of the tenderers eligibility to tender shall
establish to the Procuring entity’s satisfaction that the tenderer, at the
time of submission of its tender, is from an eligible source country as
defined under paragraph 2.1
2.12.3The documentary evidence of the tenderers qualifications to perform
the contract if its tender is accepted shall be established to the
Procuring entity’s satisfaction;
(a)
(b)
(c)
2.13
that, in the case of a tenderer offering to supply goods under the
contract which the tenderer did not manufacture or otherwise
produce, the tenderer has been duly authorized by the goods’
Manufacturer or producer to supply the goods.
that the tenderer has the financial, technical, and production
capability necessary to perform the contract;
that, in the case of a tenderer not doing business within Kenya,
the tenderer is or will be (if awarded the contract) represented
by an Agent in Kenya equipped, and able to carry out the
Tenderer’s maintenance, repair, and spare parts-stocking
obligations prescribed in the Conditions of Contract and/or
Technical Specifications.
Goods Eligibility and Conformity to Tender Documents
2.13.1 Pursuant to paragraph 2.2 of this section, the tenderer shall furnish, as
part of its tender documents establishing the eligibility and conformity
to the tender documents of all goods which the tenderer proposes to
supply under the contract
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2.13.2 The documentary evidence of the eligibility of the goods shall consist
of a statement in the Price Schedule of the country of origin of the
goods and services offered which shall be confirmed by a certificate
of origin issued at the time of shipment.
2.13.3 The documentary evidence of conformity of the goods to the tender
documents may be in the form of literature, drawings, and data, and
shall consist of:
(a)
(b)
(c)
a detailed description of the essential technical and performance
characteristic of the goods;
a list giving full particulars, including available source and
current prices of spare parts, special tools, etc., necessary for
the proper and continuing functioning of the goods for a period
of two (2) years, following commencement of the use of the
goods by the Procuring entity; and
a clause-by-clause commentary on the Procuring entity’s
Technical
Specifications
demonstrating
substantial
responsiveness of the goods and service to those specifications,
or a statement of deviations and exceptions to the provisions of
the Technical Specifications.
2.13.4 For purposes of the documentary evidence to be furnished pursuant to
paragraph 2.13.3(c) above, the tenderer shall note that standards for
workmanship, material, and equipment, as well as references to brand
names or catalogue numbers designated by the Procurement entity in
its Technical Specifications, are intended to be descriptive only and
not restrictive. The tenderer may substitute alternative standards,
brand names, and/or catalogue numbers in its tender, provided that it
demonstrates to the Procurement entity’s satisfaction that the
substitutions ensure substantial equivalence to those designated in the
Technical Specifications.
2.14 Tender Security
2.14.1 The tenderer shall furnish, as part of its tender, a tender security for
the amount specified in the Appendix to Invitation to Tenderers.
2.14.2 The tender security shall be in the amount of 0.5 – 2 per cent of the
tender price.
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2.14.3 The tender security is required to protect the Procuring entity against
the risk of Tenderer’s conduct which would warrant the security’s
forfeiture, pursuant to paragraph 2.14.7
2.14.4 The tender security shall be denominated in Kenya Shillings or in
another freely convertible currency, and shall be in the form of a bank
guarantee or a bank draft issued by a reputable bank located in Kenya
or abroad, or a guarantee issued by a reputable insurance company in
the form provided in the tender documents or another form acceptable
to the Procuring entity and valid for thirty (30) days beyond the
validity of the tender.
2.14.5 Any tender not secured in accordance with paragraph 2.14.1 and
2.14.3 will be rejected by the Procuring entity as non responsive,
pursuant to paragraph 2.22
2.14.6 Unsuccessful Tenderer’s tender security will be discharged or
returned as promptly as possible but not later than thirty (30) days
after the expiration of the period of tender validity prescribed by the
Procuring entity.
2.14.7 The successful Tenderer’s tender security will be discharged upon the
tenderer signing the contract, pursuant to paragraph 2.27 and
furnishing the performance security, pursuant to paragraph 2.28
2.14.8 The tender security may be forfeited:
(a)
(b)
if a tenderer withdraws its tender during the period of tender
validity specified by the procuring entity on the Tender Form;
or
in the case of a successful tenderer, if the tenderer fails:
(i)
to sign the contract in accordance with paragraph 2.27
or
(ii) to furnish performance security in accordance with
paragraph 2.28
2.15 Validity of Tenders
2.15.1 Tenders shall remain valid for 90 days or as specified in the Invitation
to Tender after the date of tender opening prescribed by the Procuring
entity, pursuant to paragraph 2.18. A tender valid for a shorter period
shall be rejected by the Procuring entity as non responsive.
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2.15.2 In exceptional circumstances, the Procuring entity may solicit the
Tenderer’s consent to an extension of the period of validity. The
request and the responses thereto shall be made in writing. The
tender security provided under paragraph 2.14 shall also be suitably
extended. A tenderer may refuse the request without forfeiting its
tender security. A tenderer granting the request will not be required
nor permitted to modify its tender.
2.16 Format and Signing of Tender
2.16.1 The Procuring entity shall prepare two copies of the tender, clearly
marking each “ORIGINAL TENDER” and “COPY OF TENDER,” as
appropriate. In the event of any discrepancy between them, the
original shall govern.
2.16.2 The original and all copies of the tender shall be typed or written in
indelible ink and shall be signed by the tenderer or a person or persons
duly authorized to bind the tenderer to the contract. The latter
authorization shall be indicated by written power-of-attorney
accompanying the tender. All pages of the tender, except for
unamended printed literature, shall be initialed by the person or
persons signing the tender.
2.16.3 The tender shall have no interlineations, erasures, or overwriting
except as necessary to correct errors made by the tenderer, in which
case such corrections shall be initialed by the person or persons
signing the tender.
2.17
Sealing and Marking of Tenders
2.17.1 The Tenderer shall seal the original and each copy of the tender in
separate envelopes, duly marking the envelopes as “ORIGINAL” and
“COPY.” The envelopes shall then be sealed in an outer envelope.
2.17.2 The inner and outer envelopes shall:
(a)
be addressed to the Procuring entity at the address given in the
Invitation to Tender:
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(b) bear, tender number and name in the Invitation for Tenders and
the words, “DO NOT OPEN BEFORE,” (Friday 10th June 2016
10:00am)
2.17.3 The inner envelopes shall also indicate the name and address of the
tenderer to enable the tender to be returned unopened in case it is
declared “late”.
2.17.4 If the outer envelope is not sealed and marked as required by
paragraph 2.17.2, the Procuring entity will assume no responsibility
for the tender’s misplacement or premature opening.
2.18
Deadline for Submission of Tenders
2.18.1 Tenders must be received by the Procuring entity at the address
specified under paragraph 2.17.2 no later than (Friday, 10th June
2016
2.18.2 The Procuring entity may, at its discretion, extend this deadline for the
submission of tenders by amending the tender documents in
accordance with paragraph 2.6, in which case all rights and
obligations of the Procuring entity and candidates previously subject
to the deadline will therefore be subject to the deadline as extended
2.19 Modification and Withdrawal of Tenders
2.19.1 The tenderer may modify or withdraw its tender after the tender’s
submission, provided that written notice of the modification, including
substitution or withdrawal of the tenders, is received by the Procuring
Entity prior to the deadline prescribed for submission of tenders.
2.19.2 The Tenderer’s modification or withdrawal notice shall be prepared,
sealed, marked, and dispatched in accordance with the provisions of
paragraph 2.17. A withdrawal notice may also be sent by cable, telex
but followed by a signed confirmation copy, postmarked not later than
the deadline for submission of tenders.
2.19.3 No tender may be modified after the deadline for submission of
tenders.
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2.19.4 No tender may be withdrawn in the interval between the deadline for
submission of tenders and the expiration of the period of tender
validity specified by the tenderer on the Tender Form. Withdrawal of
a tender during this interval may result in the Tenderer’s forfeiture of
its tender security, pursuant to paragraph 2.14.7
2.19.5 The procuring entity may at any time terminate procurement
proceedings before contract award and shall not be liable to any
person for the termination.
2.19.6 The procuring entity shall give prompt notice of the termination to the
tenderers and on request give its reasons for termination within 14
days of receiving the request from any tenderer.
2.20 Opening of Tenders
2.20.1 The Procuring entity will open all tenders in the presence of tenderers’
representatives who choose to attend, at (Tuesday, 7th June at
6:00pm) and in the location specified in the Invitation to Tender.
The tenderers’ representatives who are present shall sign a register
evidencing their attendance.
2.20.2 The tenderers’ names, tender modifications or withdrawals, tender
prices, discounts and the presence or absence of requisite tender
security and such other details as the Procuring entity, at its discretion,
may consider appropriate, will be announced at the opening.
2.20.3 The Procuring entity will prepare minutes of the tender opening.
2.21 Clarification of Tenders
2.21.1 To assist in the examination, evaluation and comparison of tenders the
Procuring entity may, at its discretion, ask the tenderer for a
clarification of its tender. The request for clarification and the
response shall be in writing, and no change in the prices or substance
of the tender shall be sought, offered, or permitted.
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2.21.2 Any effort by the tenderer to influence the Procuring entity in the
Procuring entity’s tender evaluation, tender comparison or contract
award decisions may result in the rejection of the tenderers’ tender.
2.22 Preliminary Examination
2.22.1 The Procuring entity will examine the tenders to determine whether
they are complete, whether any computational errors have been made,
whether required sureties have been furnished, whether the documents
have been properly signed, and whether the tenders are generally in
order.
2.22.2 Arithmetical errors will be rectified on the following basis. If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantify, the unit price
shall prevail, and the total price shall be corrected. If the candidate
does not accept the correction of the errors, its tender will be rejected,
and its tender security forfeited. If there is a discrepancy between
words and figures the amount in words will prevail
2.22.3 The Procuring entity may waive any minor informality or nonconformity or irregularity in a tender which does not constitute a
material deviation, provided such waiver does not prejudice or effect
the relative ranking of any tenderer.
2.22.4 Prior to the detailed evaluation, pursuant to paragraph 2.23 the
Procuring entity will determine the substantial responsiveness of each
tender to the tender documents. For purposes of these paragraphs, a
substantially responsive tender is one, which conforms to all the terms
and conditions of the tender documents without material deviations.
The Procuring entity’s determination of a tender’s responsiveness is to
be based on the contents of the tender itself without recourse to
extrinsic evidence.
2.22.5 If a tender is not substantially responsive, it will be rejected by the
Procuring entity and may not subsequently be made responsive by the
tenderer by correction of the non conformity.
2.23 Conversion to Single Currency
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2.23.1 Where other currencies are used, the procuring entity will convert
these currencies to Kenya Shillings using the selling exchange rate on
the ate of tender closing provided by the Central Bank of Kenya.
2.24 Evaluation and Comparison of Tenders
2.24.1 The Procuring entity will evaluate and compare the tenders which
have been determined to be substantially responsive, pursuant to
paragraph 2.22
2.24.2 The tender evaluation committee shall evaluate the tender within 30
days of the validity period from the date of opening the tender.
2.24.3 A tenderer who gives false information in the tender document about
its qualification or who refuses to enter into a contract after
notification of contract award shall be considered for debarment from
participating in future public procurement.
2.25 Preference
2.25.1 Preference where allowed in the evaluation of tenders shall not exceed
15%
2.26 Contacting the Procuring entity
2.26.1 Subject to paragraph 2.21 no tenderer shall contact the Procuring
entity on any matter related to its tender, from the time of the tender
opening to the time the contract is awarded.
2.26.2 Any effort by a tenderer to influence the Procuring entity in its
decisions on tender, evaluation, tender comparison, or contract award
may result in the rejection of the Tenderer’s tender.
2.27 Award of Contract
(a)
Post-qualification
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2.27.1 In the absence of pre-qualification, the Procuring entity will determine
to its satisfaction whether the tenderer that is selected as having
submitted the lowest evaluated responsive tender is qualified to
perform the contract satisfactorily.
2.27.2 The determination will take into account the tenderer financial,
technical, and production capabilities. It will be based upon an
examination of the documentary evidence of the tenderers
qualifications submitted by the tenderer, pursuant to paragraph 2.12.3
as well as such other information as the Procuring entity deems
necessary and appropriate.
2.27.3 An affirmative determination will be a prerequisite for award of the
contract to the tenderer. A negative determination will result in
rejection of the Tenderer’s tender, in which event the Procuring entity
will proceed to the next lowest evaluated tender to make a similar
determination of that Tenderer’s capabilities to perform satisfactorily.
(b)
Award Criteria
2.27.4 The Procuring entity will award the contract to the successful
tenderer(s) whose tender has been determined to be substantially
responsive and has been determined to be the lowest evaluated tender,
provided further that the tenderer is determined to be qualified to
perform the contract satisfactorily.
(c)
Procuring entity’s Right to Vary quantities
2.27.5 The Procuring entity reserves the right at the time of contract award
to increase or decrease the quantity of goods originally specified in
the Schedule of requirements without any change in unit price or other
terms and conditions
(d)
Procuring entity’s Right to Accept or Reject Any or All Tenders
2.27.6 The Procuring entity reserves the right to accept or reject any tender,
and to annul the tendering process and reject all tenders at any time
prior to contract award, without thereby incurring any liability to the
affected tenderer or tenderers or any obligation to inform the affected
tenderer or tenderers of the grounds for the Procuring entity’s action
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2.28 Notification of Award
2.28.1 Prior to the expiration of the period of tender validity, the Procuring
entity will notify the successful tenderer in writing that its tender has
been accepted.
2.28.2 The notification of award will constitute the formation of the
Contract but will have to wait until the contract is finally signed by
both parties
2.28.3 Upon the successful Tenderer’s furnishing of the performance security
pursuant to paragraph 2.28, the Procuring entity will promptly notify
each unsuccessful Tenderer and will discharge its tender security,
pursuant to paragraph 2.14
2.29 Signing of Contract
2.29.1 At the same time as the Procuring entity notifies the successful
tenderer that its tender has been accepted, the Procuring entity will
send the tenderer the Contract Form provided in the tender
documents, incorporating all agreements between the parties.
2.29.2 The parties to the contract shall have it signed within 30 days from the
date of notification of contract award unless thee is an administrative
review request.
2.29.3 Within thirty (30) days of receipt of the Contract Form, the successful
tenderer shall sign and date the contract and return it to the Procuring
entity.
2.30 Performance Security
2.30.1 Within Thirty (30)days of the receipt of notification of award from the
Procuring entity, the successful tenderer shall furnish the performance
security in accordance with the Conditions of Contract, in the
Performance Security Form provided in the tender documents, or in
another form acceptable to the Procuring entity.
2.30.2 Failure of the successful tenderer to comply with the requirements of
paragraph 2.27 or paragraph 2.28 shall constitute sufficient grounds
for the annulment of the award and forfeiture of the tender security, in
Kwale County Government F/Y 2016-2018
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which event the Procuring entity may make the award to the next
lowest evaluated Candidate or call for new tenders.
2.31 Corrupt or Fraudulent Practices
2.31.1 The Procuring entity requires that tenderers observe the highest
standard of ethics during the procurement process and execution of
contracts when used in the present regulations, the following terms are
defined as follows;
(i)
“corrupt practice” means the offering, giving, receiving, or
soliciting of any thing of value to influence the action of a
public official in the procurement process or in contract
execution; and
(ii)
“fraudulent practice” means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Procuring entity, and includes
collusive practice among tenderer (prior to or after tender
submission) designed to establish tender prices at artificial noncompetitive levels and to deprive the Procuring entity of the
benefits of free and open competition;
2.31.2 The procuring entity will reject a proposal for award if it determines
that the tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question.
2.31.3 Further a tenderer who is found to have indulged in corrupt or
fraudulent practices risks being debarred from participating in public
procurement in Kenya.
Kwale County Government F/Y 2016-2018
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Appendix to Instructions to Tenderers
Notes on the Appendix to the Instruction to Tenderers
1.
The Appendix to instructions to tenderers is intended to assist the
procuring entity in providing specific information in relation to the
corresponding clause in the instructions to Tenderers included in
Section II and has to be prepared for each specific procurement.
2.
The procuring entity should specify in the appendix information and
requirements specific to the circumstances of the procuring entity, the
goods to be procured and the tender evaluation criteria that will apply
to the tenders.
3.
In preparing the Appendix the following aspects should be taken into
consideration;
(a)
The information that specifies and complements provisions of
Section II to be incorporated
(b)
Amendments and/or supplements if any, to provisions of
Section II as necessitated by the circumstances of the goods to
be procured to be also incooporated
4.
Section II should remain un changed and can only be amended
through the Appendix.
5.
Clauses to be included in this part must be consistent with the public
procurement law and the regulations.
Kwale County Government F/Y 2016-2018
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EVALUATION CRITERIAApplicants MUST meet ALL the requirements as below listed:
1.
Attach Valid Single Business Permit
2.
Attach Valid Tax Compliance
3.
Attach Valid PIN Certificate
4.
Attach Valid VAT Certificate
5.
Attach Company Profile
6.
Dully filled Tender document.
7.
Attach list of at least 5 clients.
8.
Attach valid Certificate of Registration/Incorporation
9. Authorized dealers and manufacturers,
10. Sequential Serialization of the attachments in the tender document
(not hand written)
11. Attach proof of similar supply in form of LPO’s, signed and stamped
invoices and delivery notes.
12. Dully filled form Tender
13. Dully filled Confidential Business Questionnaire
14. Dully filled Code of Ethics
15. Dully filled price list within market index.
Kwale County Government F/Y 2016-2018
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Appendix to Instructions to Tenderers
The following information regarding the particulars of the tender shall
complement supplement or amend the provisions of the instructions to
tenderers. Wherever there is a conflict between the provision of the
instructions to tenderers and the provisions of the appendix, the provisions
of the appendix herein shall prevail over those of the instructions to
tenderers
INSTRUCTIONS TO
TENDERERS REFERENCE
PARTICULARS OF APPENDIX
TO INSTRUCTIONS TO
TENDERS
2.1.1
Open Tender
2.14.1
n/a
2.18.1
Friday 10th June at 10:00am
2.29.1
As in 2.18.1 above
2.29.1
n/a
(Complete as necessary)
Kwale County Government F/Y 2016-2018
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SECTION III:
GENERAL CONDITIONS OF CONTRACT
Table of Clauses
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
Page
Definitions……………………………………………
24
Application…………………………………………..
24
Country of Origin…………………………………….. 24
Standards…………………………………………….
25
Use of Contract documents and information…………. 25
Patent Rights…………………………………………… 25
Performance security…………………………………… 25
Inspection and Tests……………………………………. 26
Packing…………………………………………………... 27
Delivery and documents………………………………… 27
Insurance ………………………………………………. 27
Payment………………………………………………… 27
Price……………………………………………………. 28
Assignments…………………………………………… 28
Sub contracts………………………………………….. 28
Termination for default……………………………….. 28
Liquidated damages…………………………………..
29
Resolution of Disputes………………………………… 29
Language and law…………………………………….. 29
Force Majeure………………………………………… 29
Kwale County Government F/Y 2016-2018
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SECTION III
3.1
-
GENERAL CONDITIONS OF CONTRACT
Definitions
3.1.1 In this Contract, the following terms shall be interpreted as indicated:(a) “The Contract” means the agreement entered into between the
Procuring entity and the tenderer, as recorded in the Contract
Form signed by the parties, including all attachments and
appendices thereto and all documents incorporated by reference
therein.
3.2
(b)
“The Contract Price” means the price payable to the tenderer
under the Contract for the full and proper performance of its
contractual obligations
(c)
“The Goods” means all of the equipment, machinery, and/or
other materials, which the tenderer is required to supply to the
Procuring entity under the Contract.
(d)
“The Procuring entity” means the organization purchasing the
Goods under this Contract.
(e)
“The Tenderer’ means the individual or firm supplying the
Goods under this Contract.
Application
3.2.1 These General Conditions shall apply in all Contracts made by the
Procuring entity for the procurement installation and commissioning
of equipment
3.3
Country of Origin
3.3.1 For purposes of this clause, “Origin” means the place where the
Goods were mined, grown or produced.
3.3.2 The origin of Goods and Services is distinct from the nationality of
the tenderer.
Kwale County Government F/Y 2016-2018
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3.4
Standards
3.4.1 The Goods supplied under this Contract shall conform to the standards
mentioned in the Technical Specifications.
3.5
Use of Contract Documents and Information
3.5.1 The tenderer shall not, without the Procuring entity’s prior written
consent, disclose the Contract, or any provision therefore, or any
specification, plan, drawing, pattern, sample, or information furnished
by or on behalf of the Procuring entity in connection therewith, to any
person other than a person employed by the tenderer in the
performance of the Contract.
3.5.2 The tenderer shall not, without the Procuring entity’s prior written
consent, make use of any document or information enumerated in
paragraph 3.5.1 above
3.5.3 Any document, other than the Contract itself, enumerated in
paragraph 3.5.1 shall remain the property of the Procuring entity and
shall be returned (all copies) to the Procuring entity on completion of
the Tenderer’s performance under the Contract if so required by the
Procuring entity
3.6
Patent Rights
3.6.1 The tenderer shall indemnify the Procuring entity against all thirdparty claims of infringement of patent, trademark, or industrial design
rights arising from use of the Goods or any part thereof in the
Procuring entity’s country
3.7
Performance Security
3.7.1 Within thirty (30) days of receipt of the notification of Contract
award, the successful tenderer shall furnish to the Procuring entity the
performance security in the amount specified in Special Conditions of
Contract.
Kwale County Government F/Y 2016-2018
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3.7.2 The proceeds of the performance security shall be payable to the
Procuring entity as compensation for any loss resulting from the
Tenderer’s failure to complete its obligations under the Contract.
3.7.3 The performance security shall be denominated in the currency of the
Contract, or in a freely convertible currency acceptable to the
Procuring entity and shall be in the form of a bank guarantee or an
irrevocable letter of credit issued by a reputable bank located in
Kenya or abroad, acceptable to the Procuring entity, in the form
provided in the tender documents.
3.7.4 The performance security will be discharged by the Procuring entity
and returned to the Candidate not later than thirty (30) days following
the date of completion of the Tenderer’s performance obligations
under the Contract, including any warranty obligations, under the
Contract
3.8
Inspection and Tests
3.8.1 The Procuring entity or its representative shall have the right to
inspect and/or to test the goods to confirm their conformity to the
Contract specifications. The Procuring entity shall notify the tenderer
in writing in a timely manner, of the identity of any representatives
retained for these purposes.
3.8.2 The inspections and tests may be conducted in the premises of the
tenderer or its subcontractor(s), at point of delivery, and/or at the
Goods’ final destination If conducted on the premises of the tenderer
or its subcontractor(s), all reasonable facilities and assistance,
including access to drawings and production data, shall be furnished
to the inspectors at no charge to the Procuring entity.
3.8.3 Should any inspected or tested goods fail to conform to the
Specifications, the Procuring entity may reject the equipment, and the
tenderer shall either replace the rejected equipment or make
alterations necessary to make specification requirements free of costs
to the Procuring entity.
3.8.4 The Procuring entity’s right to inspect, test and where necessary,
reject the goods after the Goods’ arrival shall in no way be limited or
waived by reason of the equipment having previously been inspected,
Kwale County Government F/Y 2016-2018
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tested and passed by the Procuring entity or its representative prior to
the equipment delivery.
3.8.5 Nothing in paragraph 3.8 shall in any way release the tenderer from
any warranty or other obligations under this Contract.
3.9
Packing
3.9.1 The tenderer shall provide such packing of the Goods as is required to
prevent their damage or deterioration during transit to their final
destination, as indicated in the Contract.
3.9.2 The packing, marking, and documentation within and outside the
packages shall comply strictly with such special requirements as shall
be expressly provided for in the Contract
3.10 Delivery and Documents
3.10.1 Delivery of the Goods shall be made by the tenderer in accordance
with the terms specified by Procuring entity in its Schedule of
Requirements and the Special Conditions of Contract
3.11 Insurance
3.11.1 The Goods supplied under the Contract shall be fully insured against
loss or damage incidental to manufacturer or acquisition,
transportation, storage, and delivery in the manner specified in the
Special conditions of contract.
3.12 Payment
3.12.1 The method and conditions of payment to be made to the tenderer
under this Contract shall be specified in Special Conditions of
Contract
3.12.2 Payments shall be made promptly by the Procuring entity as specified
in the contract
3.13
Prices
Kwale County Government F/Y 2016-2018
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3.13.1 Prices charged by the tenderer for goods delivered and services
performed under the Contract shall not, with the exception of any
price adjustments authorized in Special Conditions of Contract, vary
from the prices by the tenderer in its tender.
3.13.2 Contract price variations shall not be allowed for contracts not
exceeding one year (12 months)
3.13.3 Where contract price variation is allowed, the variation shall not
exceed 10% of the original contract price.
3.13.4 Price variation request shall be processed by the procuring entity
within 30 days of receiving the request.
3.14. Assignment
3.14.1 The tenderer shall not assign, in whole or in part, its obligations to
perform under this Contract, except with the Procuring entity’s prior
written consent
3.15
Subcontracts
3.15.1 The tenderer shall notify the Procuring entity in writing of all
subcontracts awarded under this Contract if not already specified in
the tender. Such notification, in the original tender or later, shall not
relieve the tenderer from any liability or obligation under the
Contract
3.16
Termination for default
3.16.1 The Procuring entity may, without prejudice to any other remedy for
breach of Contract, by written notice of default sent to the tenderer,
terminate this Contract in whole or in part
(a)
if the tenderer fails to deliver any or all of the goods within
the period(s) specified in the Contract, or within any
extension thereof granted by the Procuring entity
(b)
if the tenderer fails to perform any other obligation(s) under
the Contract
Kwale County Government F/Y 2016-2018
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(c)
if the tenderer, in the judgment of the Procuring entity has
engaged in corrupt or fraudulent practices in competing for
or in executing the Contract
3.16.2 In the event the Procuring entity terminates the Contract in whole or
in part, it may procure, upon such terms and in such manner as it
deems appropriate, equipment similar to those undelivered, and the
tenderer shall be liable to the Procuring entity for any excess costs for
such similar goods.
3.17
Liquidated Damages
3.17.1. If the tenderer fails to deliver any or all of the goods within the
period(s) specified in the contract, the procuring entity shall,
without prejudice to its other remedies under the contract, deduct
from the contract prices liquidated damages sum equivalent to 0.5%
of the delivered price of the delayed items up to a maximum
deduction of 10% of the delayed goods. After this the tenderer may
consider termination of the contract.
3.18
Resolution of Disputes
3.18.1 The procuring entity and the tenderer shall make every effort to
resolve amicably by direct informal negotiation and disagreement or
dispute arising between them under or in connection with the contract
3.18.2 If, after thirty (30) days from the commencement of such informal
negotiations both parties have been unable to resolve amicably a
contract dispute, either party may require adjudication in an agreed
national or international forum, and/or international arbitration.
3.19
Language and Law
3.19.1 The language of the contract and the law governing the contract shall
be English language and the Laws of Kenya respectively unless
otherwise stated.
3.20
Force Majeure
3.20.1 The tenderer shall not be liable for forfeiture of its performance
security or termination for default if and to the extent that it’s delay
Kwale County Government F/Y 2016-2018
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in performance or other failure to perform its obligations under the
Contract is the result of an event of Force Majeure.
Kwale County Government F/Y 2016-2018
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SECTION IV
-
SPECIAL CONDITIONS OF CONTRACT
Notes on Special Conditions of Contract
The clauses in this section are intended to assist the procuring entity in
providing contract-specific information in relation to corresponding clauses
in the General Conditions of Contract.
The provisions of Section IV complement the General Conditions of
Contract included in Section III, specifying contractual requirements linked
to the special circumstances of the procuring entity and the goods being
procured. In preparing Section IV, the following aspects should be taken
into consideration.
(a)
(b)
Information that complement provisions of Section III must be
incorporated and
Amendments and/or supplements to provisions of Section III, as
necessitated by the circumstances of the goods being procured must
also be incorporated.
Kwale County Government F/Y 2016-2018
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SECTION IV
-
SPECIAL CONDITIONS OF CONTRACT
4.1.
Special Conditions of Contract shall supplement the General
Conditions of Contract. Whenever there is a conflict, between the
GCC and the SCC, the provisions of the SCC herein shall prevail over
these in the GCC.
42.
Special conditions of contract as relates to the GCC
REFERENCE
GCC
OF SPECIAL
CONTRACT
CONDITIONS
3.7.1
Indicate
security
particulars
of
3.12.1
Indicate terms of payment
3.18.1
Indicate resolutions of disputes
OF
performance
(Complete as necessary)
Kwale County Government F/Y 2016-2018
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SECTION V
5.1
-
TECHNICAL SPECIFICATIONS
General
5.1.1 These specifications describe the requirements for goods. Tenderers
are requested to submit with their offers the detailed specifications,
drawings, catalogues, etc for the products they intend to supply
5.1.2 Tenderers must indicate on the specifications sheets whether the
equipment offered comply with each specified requirement.
5.1.3 All the dimensions and capacities of the equipment to be supplied
shall not be less than those required in these specifications.
Deviations from the basic requirements, if any shall be explained in
detail in writing with the offer, with supporting data such as
calculation sheets, etc. The procuring entity reserves the right to
reject the products, if such deviations shall be found critical to the use
and operation of the products.
5.1.4 The tenderers are requested to present information along with their
offers as follows:
(i)
(ii)
Shortest possible delivery period of each product
Information on proper representative and/or workshop for back-up
service/repair and maintenance including their names and
addresses.
Kwale County Government F/Y 2016-2018
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5.2
PARTICULARS
[Text of Technical Specifications to be inserted in the tender documents by
the Procuring entity, as applicable]
Please quote the prices for all the listed Motor Vehicles spare parts
No. Item Description
1.
2.
3.
4.
5.
6.
7.
8.
9.
12.
13.
14.
15.
Item no. Unit cost
NISSAN PATHFINDER
Oil Filter
Fuel Filter
Air cleaner
Brake pads
Suspension bushes
Suspension arm
Ball joints
Tie rod end
Master cylinder clutch
Repair kit master cylinder
Repair kit brake cylinder
Sleeve cylinder block
Sleeve cylinder kit
TOYOTA HILUX DOUBLE CAB PICK UP
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Oil Filter
Fuel Filter
Air cleaner
Brake pads
Brake linings
Stabilizer bar
Stabilizer link
Suspension bushes
Complete leaf spring
Main leaf spring
Shock absorber
Master cylinder brake
Master cylinder clutch
Repair Kit brake cylinder
Sleeve cylinder block
Kwale County Government F/Y 2016-2018
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16. Sleeve cylinder kit
TOYOTA FOURTUNER
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Oil Filter
Fuel Filter
Air cleaner
Brake pads
Brake linings
Suspension bushes
Ball joints
Tie rod end
Master cylinder brake
Master cylinder clutch
Repair kit master cylinder
Repair kit brake cylinder
Sleeve cylinder block
Sleeve cylinder kit
PRADO
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Oil Filter
Fuel Filter
Air cleaner
Brake pads
Brake linings
Stabilizer bar
Stabilizer linkage
Suspension bushes
Ball joints
Tie rod end
Master cylinder brake
Master cylinder clutch
Repair kit master cylinder
Repair kit brake cylinder
Sleeve cylinder block
Sleeve cylinder kit
1.
2.
3.
FORD RANGER PICK UP
Oil Filter
Fuel Filter
Air cleaner
Kwale County Government F/Y 2016-2018
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4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Brake pads
Brake linings
Stabilizer bar
Stabilizer linkage
Suspension bushes
Ball joints
Tie rod end
Complete leaf spring
Main leaf spring
Shock absorber
Master cylinder brake
Master cylinder clutch
Repair kit master cylinder
Repair kit brake cylinder
Sleeve cylinder block
Sleeve cylinder kit
ISUZU DOUBLE CAB PICK UP
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Oil Filter
Fuel Filter
Air cleaner
Brake pads
Brake linings
Stabilizer bar
Stabilizer linkage
Suspension bushes
Ball joints
Tie rod end
Complete leaf spring
Main leaf spring
Shock absorber
KIA SALOON
1.
2.
3.
4.
5.
6.
7.
Oil Filter
Fuel Filter
Air cleaner
Brake pads
Brake lining
Stabilizer bar
Stabilizer linkage
Kwale County Government F/Y 2016-2018
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8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Suspension bushes
Ball joints
Tie rod end
Complete leaf spring
Main leaf spring
Shock absorber
Master cylinder brake
Master cylinder clutch
Repair kit master cylinder
Repair kit brake cylinder
Sleeve cylinder block
Sleeve cylinder kit
TATA LORRY TRUCK
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Oil Filter
Fuel Filter
Air cleaner
Brake pads
Brake lining
U-Blot
Shuckle pin
suspension bushes
Complete leaf spring
Main leaf spring
Shock absober
Master cylinder brake
Master cylinder clutch
Repair kit master cylinder
Repair kit brake cylinder
Sleeve cylinder block
Sleeve cylinder kit
ISUZU LORRY TRACK
1.
2.
3.
4.
5.
6.
7.
Oil Filter
Fuel Filter
Air cleaner
Brake pads
Shuckle pin
suspension bushes
Complete leaf spring
Kwale County Government F/Y 2016-2018
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8.
9.
10.
11.
12.
13.
14.
15
Main leaf spring
Shock absober
Master cylinder brake
Master cylinder clutch
Repair kit master cylinder
Repair kit brake cylinder
Sleeve cylinder block
Sleeve cylinder kit
SUZUKI MARUTI
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Oil Filter
Fuel Filter
Air cleaner
Brake pads
Brake linings
suspension bushes
Complete leaf spring
Main leaf spring
Shock absober
Master cylinder brake
Master cylinder clutch
Repair kit master cylinder
Repair kit brake cylinder
Sleeve cylinder block
Sleeve cylinder kit
TOYOTA LAND CRUISER
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Oil Filter
Fuel Filter
Air cleaner
Brake pads
Brake linings
suspension bushes
Complete leaf spring
Main leaf spring
Shock absober
Master cylinder brake
Master cylinder clutch
Repair kit master cylinder
Repair kit brake cylinder
Kwale County Government F/Y 2016-2018
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14. Sleeve cylinder block
15. Sleeve cylinder kit
LAND ROVER
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Oil Filter
Fuel Filter
Air cleaner
Brake pads
Brake linings
Suspension bushes
Coil spring
Shock absober
Master cylinder brake
Master cylinder clutch
Repair kit master cylinder
Repair kit brake cylinder
Sleeve cylinder block
Sleeve cylinder kit
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Please quote the prices for all the listed Motor Cycles spare parts
YAMAHA MOTOR BIKE DT 175
No. Item Description
Unit cost
1. Oil filter
2. Fuel filter
3. Front and Rear sprocket gear
4. Chain
5. Spark plug (state the types)
6. Clutch handle
7. Brake handle
8. Accerelator handle
9. Clutch housing
10. Tyre
11. Tubes
YAMAHA MOTOR BIKE DT 175
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Oil filter
Fuel filter
Front and Rear sprocket gear
Chain
Spark plug (state the types)
Clutch handle
Brake handle
Accelerator handle
Clutch housing
Tyre
Tubes
WATER PUMP HONDA 5HP
1.
2.
3.
Oil filter
Fuel filter
Air cleaner
STANDBY GENERATOR SET ( ENGINE PERKINS) – MODEL YEAR
2013, ENGINE TYPE-2436/1500, ENGINE FAMILY – 110-44TA
1. Oil filter
2. Air cleaner
3. Fuel filter
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Please quote the prices for all the listed Plants & Machinery spare parts.
No. Item Description
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Unit cost
MOTOR GRADER
Oil Filter
Fuel Filter
Air Cleaner assembly
Corrosion Resistor
Hydraulic Filter
Transmission Filter
O-Ring
Breather Hydralic
Shank Ripper
Shank Pin
Cutting Edge
Cutting end bits
Cutting Edge
Cutting Edge bolts and nuts
EXCAVATOR KOMATSU PC 300
1.
2.
3.
4.
5.
6.
7.
Oil Filter
Fuel Filter
Air cleaner assembly
Corrosion resistor
Breather hydraulic
Hydraulic Filter
Bucket Tooth
DOZER KOMATSU D 65EX- 16
1.
2.
3.
4.
5.
6.
7.
8.
Oil Filter
Fuel Filter
Air cleaner assembly
Corrosion resistor
Hydraulic Filter
Transmission filter
O- Ring
Breather hydraulic
Kwale County Government F/Y 2016-2018
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9.
10.
11.
12.
13.
Shank Ripper
Shank pin
Cutting edge
End bits
Bolts and nuts
GRADER KOMATSU GD 663A - 2
1.
2.
3.
4.
5.
6.
7.
8.
9.
12.
13.
14.
15.
Oil Filter
Fuel Filter
Air cleaner assembly
Corrosion resistor
Hydraulic filter
Transmission filter
O- Ring
Breather hydraulic
Shank Ripper
Shank pin
Cutting edge
End bits
Bolts and nuts
SHOVEL KOMATSU WA 320
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Oil Filter
Fuel Filter
Transmission filter
Air assembly
Hydraulic Filter
Bucket Tooth LH/RH
Master cylinder brake
Master cylinder cluth
Repair kit master cylinder
Repair kit brake cylinder
Sleeve cylinder block
Sleeve cylinder kit
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Please quote the prices for all the listed Tractors spares
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
Part Name
Stub axle (right)
Stub axle (left)
Plough bearing
Plough bearing
Furrow wheel bearings
Furrow wheel
Furrow wheel
Accelerator cables
Furrow wheel hub
Furrow wheel spring and holders
Tie rod ends set
Lower plough lift arms (left)
Lower plough lift arms (Right)
Upper plough lift arm (leveling box)
Upper plough lift arm (Left)
Plough discs
Top link
Furrow wheels
Plough discs nuts and bolts
Front wheel bearing
Track rod
Front wheel bearing
Gear box bearing
Gear box bearing
Oil filters
Diesel filters
Electric elements
Hydraulic element
Air cleaners
Engine Oil
Plough bolts and lock nuts
Plough bolts and lock nuts
Bottle jack
Steel rod - Taribo
Tyre levers
Tool box
Rump cylinders
Part No.
Unit cost
32209
32214
32207
30306(Y)
32206
LM 501310
M84548
6210ZBNR
6210ZBNR
Kwale County Government F/Y 2016-2018
44
38.
39.
40.
41.
42.
43.
44.
45.
Plough bearing
Plough bearing
Cold patches
Solution (tough bond)
Welding rods
Welding rods (cast iron)
Grinder discs(griding)
Gas cylinders
(Oxygen and acetylene )
32210
32212
Kwale County Government F/Y 2016-2018
45
SECTION VI
Number
-
Description
SCHEDULE OF REQUIREMENTS
Quantity
Delivery schedule (shipment)
In
1
Weeks/months from
1
The Procuring entity must specify here the date from which the delivery schedule will start. That date
should be either the date of the contract award, or the date of contract signature, or the date of opening of
letter of credit, or the date of confirmation of the Letter of Credit, as appropriate. The Tender Form should
include only a cross reference to this Schedule.
Kwale County Government F/Y 2016-2018
46
SECTION VII
-
PRICE SCHEDULE FOR GOODS
Name of tenderer
1
2
Tender Number
3
Item Description
4
Page
5
Country Quantity Unit price
of
origin
of
6
7
Total Price
EXW per
item
(cols. 4x5)
Unit price
of other
incidental
services
payable
Signature of tenderer
Note: In case of discrepancy between unit price and total, the unit price shall
prevail.
Kwale County Government F/Y 2016-2018
47
SECTION VIII
-
STANDARD FORMS
Notes on the sample Forms
1.
Form of Tender The form of tender must be completed by
the tenderer and submitted with the tender documents. It must also be
duly signed by duly authorized representatives of the tenderer.
2.
Confidential Business Questionnaire Form - This form must be
completed by the tenderer and submitted with the tender documents.
3.
Tender Security Form When required by the tender
documents the tender shall provide the tender security either in the
form included herein or in another format acceptable to the procuring
entity.
4.
Contract Form
The Contract Form shall not be completed
by the tenderer at the time of submitting the tender. The Contract
Form shall be completed after contract award and should incorporate
the accepted contract price.
5.
Performance Security Form
The performance security form
should not be completed by the tenderers at the time of tender
preparation. Only the successful tenderer will be required to provide
performance security in the form provided herein or in another form
acceptable to the procuring entity.
6.
Bank Guarantee for Advance Payment Form When Advance
payment is requested for by the successful bidder and agreed by the
procuring entity, this form must be completed fully and duly signed
by the authorized officials of the bank.
7.
Manufacturers Authorization Form When required by the
ender documents this form must be completed and submitted with the
tender documents. This form will be completed by the manufacturer
of the goods where the tenderer is an agent.
Kwale County Government F/Y 2016-2018
48
8.1
FORM OF TENDER
Date
Tender No.
To:
[name and address of procuring entity]
Gentlemen and/or Ladies:
1. Having examined the tender documents including Addenda
Nos. ………………………………. [insert numbers].the receipt of which is hereby duly
acknowledged, we, the undersigned, offer to supply deliver, install and commission (
…………………………………………… (insert equipment description) in conformity with the
said tender documents for the sum of ………………………………………………………….
(total tender amount in words and figures) or such other sums as may be ascertained in
accordance with the Schedule of Prices attached herewith and made part of this Tender.
2. We undertake, if our Tender is accepted, to deliver install and commission the
equipment in accordance with the delivery schedule specified in the Schedule of Requirements.
3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum of
equivalent to
percent of the Contract Price for the due performance of the
Contract , in the form prescribed by ………………. ……………….( Procuring entity).
4. We agree to abid by this Tender for a period of …… [number] days from the date
fixed for tender opening of the Instructions to tenderers, and it shall remain binding upon us and
may be accepted at any time before the expiration of that period.
5. This Tender, together with your written acceptance thereof and your notification of
award, shall constitute a Contract, between us. Subject to signing of the Contract by the parties.
6. We understand that you are not bound to accept the lowest or any tender you may
receive.
Dated this
day of
[signature]
20
[in the capacity of]
Duly authorized to sign tender for an on behalf of
Kwale County Government F/Y 2016-2018
49
8.2
CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM
You are requested to give the particulars indicated in Part 1 and either
Part 2(a), 2(b) or 2 (c ) whichever applied to your type of business
You are advised that it is a serious offence to give false information
on this form
Part 1 – General:
Business Name …………………………………………………………………………………………………
Location of business premises. …………………………………………………………………………………
Plot No………………………………………………… Street/Road …………………………………………..
Postal Address ……………………….. Tel No. …………………. Fax ………………. E mail …………….
Nature of Business ……………………………………………………………………………………………..
Registration Certificate No. …………………………………………………………………………………
Maximum value of business which you can handle at any one time – Kshs. …………………………………
Name of your bankers ……………………………………….. Branch ………………………………………
Part 2 (a) – Sole Proprietor
Your name in full …………………………………………………….. Age ………………………..
Nationality ………………………………… Country of origin …………………………………….
 Citizenship details
……………………………………………………………………………
……….

Part 2 (b) Partnership
Given details of partners as follows:
Name
Nationality
Citizenship Details
Shares
1. ………………………………………………………………………………………
2. ………………………………………………………………………………………
3. ………………………………………………………………………………………..
4. ………………………………………………………………………………………..
Part 2 (c ) – Registered Company
Private or Public ……………………………………………………………………………………….
State the nominal and issued capital of companyNominal Kshs. ………………………………
Issued Kshs. …………………………………
Given details of all directors as follows
Name
Nationality
Citizenship Details
Shares
1…………………………………………………………………………………………………………
2. ………………………………………………………………………………………………………..
3. ………………………………………………………………………………………………………
4. ………………………………………………………………………………………………………
5 ……………………………………………………………………………………………………….
Date ………………………………………………….. Signature of Candidate ………………………………..

If a Kenya Citizen, indicate under “Citizenship Details” whether by Birth, Naturalization or
registration.
Kwale County Government F/Y 2016-2018
50
8.3 TENDER SECURITY FORM
Whereas ………………………………………. [name of the tenderer]
(hereinafter called “the tenderer”) has submitted its tender dated
…………. [date of submission of tender] for the supply, installation
and commissioning of ……………………[name and/or description
of
the
equipment]
(hereinafter
called
“the
Tender”)
……………………………………….. KNOW ALL PEOPLE by
these
presents
that
WE
………………………
of
……………………….
having
our
registered
office
at
………………… (hereinafter called “the Bank”), are bound unto
…………….. [name of Procuring entity} (hereinafter called “the
Procuring entity”) in the sum of …………………….. for which
payment well and truly to be made to the said Procuring entity, the
Bank binds itself, its successors, and assigns by these presents.
Sealed with the Common Seal of the said Bank this
day of
20
.
THE CONDITIONS of this obligation are:1.
If the tenderer withdraws its Tender during the period of tender
validity specified by the tenderer on the Tender Form; or
2.
If the tenderer, having been notified of the acceptance of its
Tender by the Procuring entity during the period of tender
validity:
(a) fails or refuses to execute the Contract Form, if required; or
(b) fails or refuses to furnish the performance security in
accordance with the Instructions to tenderers;
We undertake to pay to the Procuring entity up to the above amount
upon receipt of its first written demand, without the Procuring entity
having to substantiate its demand, provided that in its demand the
Procuring entity will note that the amount claimed by it is due to it,
owing to the occurrence of one or both of the two conditions,
specifying the occurred condition or conditions.
This tender guarantee will remain in force up to and including thirty
(30) days after the period of tender validity, and any demand in
respect thereof should reach the Bank not later than the above date.
[signature of the bank]____________________________
(Amend accordingly if provided by Insurance Company)
Kwale County Government F/Y 2016-2018
51
8.4
CONTRACT FORM
THIS AGREEMENT made the
day of
20
between ……………… [name of Procurement entity) of ……….. [country of
Procurement entity] (hereinafter called “the Procuring entity) of the one part and
…………………….. [name of tenderer] of ………….. [city and country of tenderer]
(hereinafter called “the tenderer”) of the other part;
WHEREAS the Procuring entity invited tenders for certain goods ] and has accepted a
tender by the tenderer for the supply of those goods in the sum of
…………………………… [contract price in words and figures] (hereinafter called “the
Contract Price).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1.
In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to:
2.
The following documents shall be deemed to form and be read and construed as
part of this Agreement viz:
(a)
the Tender Form and the Price Schedule submitted by the tenderer
(b)
the Schedule of Requirements
(c )
the Technical Specifications
(d)
the General Conditions of Contract
(e)
the Special Conditions of contract; and
(f)
the Procuring entity’s Notification of Award
3.
In consideration of the payments to be made by the Procuring entity to the
tenderer as hereinafter mentioned, the tender hereby covenants with the Procuring entity
to provide the goods and to remedy defects therein in conformity in all respects with the
provisions of the Contract
4.
The Procuring entity hereby covenants to pay the tenderer in consideration of the
provisions of the goods and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in
the manner prescribed by the contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written.
Signed, sealed, delivered by
the
(for the Procuring entity
Signed, sealed, delivered by
presence of
the
(for the tenderer in the
(Amend accordingly if provided by Insurance Company)
Kwale County Government F/Y 2016-2018
52
8.5
PERFORMANCE SECURITY FORM
To ………………………………………….
[name of Procuring entity]
WHEREAS …………………………………… [name of tenderer]
(hereinafter called “the tenderer”) has undertaken , in pursuance of Contract
No.
[reference number of the contract] dated
20
to supply ………………………………………………
[description of goods] (hereinafter called “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the
tenderer shall furnish you with a bank guarantee by a reputable bank for the
sum specified therein as security for compliance with the Tenderer’s
performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the tenderer a guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to
you, on behalf of the tenderer, up to a total of ……………………….
[amount of the guarantee in words and figure] and we undertake to pay you,
upon your first written demand declaring the tenderer to be in default under
the Contract and without cavil or argument, any sum or sums within the
limits of …………………….. [amount of guarantee] as aforesaid, without
you needing to prove or to show grounds or reasons for your demand or the
sum specified therein.
This guarantee is valid until the
day of
20
Signed and seal of the Guarantors
[name of bank or financial institution]
[address]
[date]
Kwale County Government F/Y 2016-2018
53
8.6
BANK GUARANTEE FOR ADVANCE PAYMENT FORM
To
………………………………
[name of Procuring entity]
[name of tender] …………………..
Gentlemen and/or Ladies:
In accordance with the payment provision included in the Special Conditions of Contract,
which amends the General Conditions of Contract to provide for advance payment,
………………………………………………….
[name
and
address
of
tenderer](hereinafter called “the tenderer”) shall deposit with the Procuring entity a bank
guarantee to guarantee its proper and faithful performance under the said Clause of the
Contract in an amount of …… …………………. [amount of guarantee in figures and
words].
We, the ……………………………. [bank or financial institutions], as instructed by the
tenderer, agree unconditionally and irrevocably to guarantee as primary obligator and not
as surety merely, the payment to the Procuring entity on its first demand without
whatsoever right of objection on our part and without its first claim to the tenderer, in the
amount not exceeding …………………… [amount of guarantee in figures and words]
We further agree that no change or addition to or other modification of the terms of the
Contract to be performed there-under or of any of the Contract documents which may be
made between the Procuring entity and the tenderer, shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition,
or modification.
This guarantee shall remain valid in full effect from the date of the advance payment
received by the tenderer under the Contract until ………… [date].
Yours truly,
Signature and seal of the Guarantors
[name of bank or financial institution]
[address]
[date]
Kwale County Government F/Y 2016-2018
54
8.7
MANUFACTURER’S AUTHORIZATION FORM
To
[name of the Procuring entity] ………………….
WHEREAS …………………………………………………………[ name
of the manufacturer] who are established and reputable manufacturers of
………………….. [name and/or description of the goods] having factories
at ………………………………… [address of factory] do hereby authorize
………………………… [name and address of Agent] to submit a tender,
and subsequently negotiate and sign the Contract with you against tender
No. ………………………. [reference of the Tender] for the above goods
manufactured by us.
We hereby extend our full guarantee and warranty as per the General
Conditions of Contract for the goods offered for supply by the above firm
against this Invitation for Tenders.
[signature for and on behalf of manufacturer]
Note: This letter of authority should be on the letterhead of the
Manufacturer and should be signed by a person competent.
Kwale County Government F/Y 2016-2018
55
8.8
LETTER OF NOTIFICATION OF AWARD
Address of Procuring Entity
_____________________
_____________________
To:
RE: Tender No.
Tender Name
This is to notify that the contract/s stated below under the above mentioned tender have
been awarded to you.
1. Please acknowledge receipt of this letter of notification signifying your
acceptance.
2. The contract/contracts shall be signed by the parties within 30 days of the date of
this letter but not earlier than 14 days from the date of the letter.
3. You may contact the officer(s) whose particulars appear below on the subject
matter of this letter of notification of award.
(FULL PARTICULARS)
SIGNED FOR ACCOUNTING OFFICER
Kwale County Government F/Y 2016-2018
56
8.9 FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN
…………………………………………….APPLICANT
AND
…………………………………RESPONDENT (Procuring Entity)
Request for review of the decision of the…………… (Name of the Procuring Entity) of
……………dated the…day of ………….20……….in the matter of Tender No………..…of
…………..20…
REQUEST FOR REVIEW
I/We……………………………,the
above
named
Applicant(s),
of
address:
Physical
address…………….Fax No……Tel. No……..Email ……………, hereby request the Public
Procurement Administrative Review Board to review the whole/part of the above mentioned
decision on the following grounds , namely:1.
2.
etc.
By this memorandum, the Applicant requests the Board for an order/orders that: 1.
2.
etc
SIGNED ……………….(Applicant)
Dated on…………….day of ……………/…20…
FOR OFFICIAL USE ONLY
Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of
………....20….………
SIGNED
Board Secretary
Kwale County Government F/Y 2016-2018
57
KWALE COUNTY GOVERNMENT
TENDERS, PREQUALIFICATION & SUPPLIER REGISTRATION FOR SUPPLY OF
GOODS, PROVISION OF WORKS & SERVICES FOR FINANCIAL YEAR 2016-2018
The County Government of Kwale invites applications from interested eligible suppliers
of Goods, Works and Services for the financial year 2016-2018 as per the below
categories:
Tender No.
CGK/310/2016-2018
CGK/311/2016-2018
CGK/312/2016-2018
CGK/313/2016-2018
CGK/314/2016-2018
CGK/315/2016-2018
CGK/316/2016-2018
CGK/317/2016-2018
CGK/318/2016-2018
CGK/319/2016-2018
CGK/320/2016-2018
CGK/321/2016-2018
CGK/322/2016-2018
CGK/323/2016-2018
CGK/324/2016-2018
CGK/325/2016-2018
CGK/326/2016-2018
CGK/327/2016-2018
CGK/328/2016-2018
CGK/329/2016-2018
CGK/330/2016-2018
CGK/331/2016-2018
CGK/332/2016-2018
TENDERS
Description Of Goods/Works/Service
Provision of Air ticketing Services
Supply & Delivery of Pure Drinking Water (Bottled), Soft
Drinks and Water Dispensers.
Supply of Fuel, Oil & Lubricants
Supply & Delivery of Tyres, Tubes & Batteries
Provision of Outside Catering Services
Provision of Taxi Services & Car Hire
Supply & Delivery of Computer Equipments & Accesories
Supply & Delivery of Staff Uniforms & Protective Clothing
Supply & Delivery of Charcoal & Firewood
Supply & Delivery of Arts n Play Equipment
Supply & Delivery of Uji/Millet Flour for ECDEs
Hiring of Mobile Eco-Toilet
Supply & Delivery of Branded Materials
Hiring of Tents & Chairs (Drapery)
Supply & Delivery of Skip Bins
Supply & Delivery of ECDE Instruction Materials
Supply & Delivery of Food Stuff (Cereals, Fruits,
Vegetables, Flour, Milk & Meat etc)
Provision of Vehicle Repair & Maintenance
Provision of Printing Services (Business cards, flyers,
posters, banners).
Provision of Bulk Printing, Photocopying & Binding of
Documents.
Supply & Delivery of Office Stationery
Supply & Delivery of Toners & Cartridges
Supply and Delivery of Drilling Materials, Reagents and
Accessories
Kwale County Government F/Y 2016-2018
Category
Ticketing Agents
Youth
Open
Open
Women
Open
Open
Women
Youth
Youth
Women
Women
Youth
Women
Open
Youth
Youth
Open
Women
PWDs
Youth
Youth
Open
58
CGK/333/2016-2018
CGK/334/2016-2018
CGK/335/2016-2018
CGK/336/2016-2018
CGK/337/2016-2018
CGK/338/2016-2018
CGK/339/2016-2018
CGK/340/2016-2018
CGK/341/2016-2018
CGK/342/2016-2018
CGK/343/2016-2018
CGK/344/2016-2018
CGK/345/2016-2018
CGK/346/2016-2018
CGK/347/2016-2018
CGK/348/2016-2018
CGK/349/2016-2018
CGK/350/2016-2018
CGK/351/2016-2018
CGK/352/2016-2018
CGK/353/2016-2018
CGK/354/2016-2018
CGK/355/2016-2018
CGK/356/2016-2018
CGK/357/2016-2018
CGK/358/2016-2018
CGK/359/2016-2018
CGK/360/2016-2018
CGK/361/2016-2018
CGK/362/2016-2018
Supply & Delivery of Veterinary Drugs, Equipments and
Vaccines
Provision of Accomodation & Conference Packages
Supply & Delivery of Water Tanks, Gutters, Pipes, Fittings
& Accessories
Supply & Delivery of Sewing Equipments
Supply & Delivery of Spare Parts for Motor Vehicles, Motor
Cycles, Plants & Machineries and Tractors.
Supply & Delivery of ECDE Hexagonal Hard wood Tables
& Plastic Chairs.
Supply and Delivery of Building Materials
Hiring of Calvert Baloons
PREQUALIFICATION
DESCRIPTION OF GOODS/WORKS/SERVICES
Provision of Building Construction & Electrical Works
Supply & Delivery of Hardware Materials/Equipment
Provision of Consultancy Services- Surveys & Designs of
Dams, Pans and Pipelines.
Provision of Consultancy Services-Hydrological Surveys
Construction Water Pipelines, Boreholes drilling &
Equipping, Test pumping.
Supply & Delivery of Medical Equipments
Supply & Delivery of Non Pharmaceuticals, Dressing
materials, Lab reagent & equipment, Glassware
Supply & Delivery of Tree Seedlings
Provision of Environmental Impact Assessments,
Environmental Management Plans and Environmental
Audits.
Provision of Office Cleaning & Fumigation Services
Installation and Maintenance of Local Area Networks
Maintenance of Computers and Servers
Provision of Software & Support Services
Provision of Insurance Services-General
Provision of Civil Works-Roads & Bridges
Supply of Office Furniture, Fittings & Equipments
Open
Open
Youth
Open
Open
Youth
Youth
Open
Open
Youth
Open
Open
Open
Open
Open
Youth
Open
Women
Open
Open
Open
Underwriters
Open
Dealers
Manufacturers
furniture
Supply & Delivery of Sports Items and Equipments
Open
Provision of Legal Services
Open
Provision of Motor Vehicle repairs, Motorbikes, Plants and Open
Machinery.
Provision
of
Land
Surveys
and
Physical Open
Planning(Geographical Information System) Consultancy
services
Supply and Delivery of Pharmaceuticals and Drugs
Open
Provision of Valuation Services for Motor Vehicle, Motor Open
Kwale County Government F/Y 2016-2018
59
and
of
bikes, Plants and Machinery
Tender/Prequalification documents can be downloaded for free at the County
Government of Kwale website: www.kwalecountygov.com . Prequalification is valid for
F/Y 2016-2018, Supplier Registration will be a continuous exercise as prescribed by
Section 71 of the Public Procurement and Asset Disposal 2015
Completed tender/prequalification documents should be submitted in plain sealed
envelope clearly marked with relevant tender number and tender name /description and
addressed to:
County Supply Chain Office,
County Government of Kwale,
P.O Box 4-80403, Kwale.
Tenders/Prequalifcation documents should be deposited in the Tender Box situated
outside the County Procurement Offices, on or before Friday 10th June 2016 10:00am.
All applicants will be notified of the prequalification results through letters, the
successful list will also be uploaded on the Kwale County website.
COUNTY SECRETARY
COUNTY GOVERNMENT OF KWALE
Kwale County Government F/Y 2016-2018
60
REPUBLIC OF KENYA
KWALE COUNTY GOVERNMENT
DECLARATION FOR CODE OF ETHICS
Title
This code may be cited as the Code of Ethics for Suppliers in Public Procurement & Disposal
1. Interpretation
In this codes, unless the context otherwise requires“The Act” MEANS The Public Procurement and Disposal Act, 2005 or any amendment or
modification thereof
“Candidate” means a person who has obtained the tender documents from a public entity
pursuant to an invitation notice by a procuring entity
“Code of Ethics” means a statement encompassing the set of rules based on values and the
standards of conduct to which suppliers are expected to conform
“Consultant” is a person who provides services of predominantly intellectual, technical or
advisory nature
“Contractor” means a person who enters into a procurement contract with a procuring entity
to supply goods, works or services, and includes the main contractor
“Ethics” means values, customs, rules or principles, which govern right conduct
“Gift” has meaning assigned to it in the Leadership and Integrity Regulations, 2015
“Integrity” means the quality of being honest and having strong moral and ethical principles
“Persons” has meaning assigned to it in Article 260 of the Constitution and includes sole
proprietorship
“Procuring Entity” means a public entity making a procurement to which the Public
Procurement and Disposal Act, 2005 or any amendment or modification thereof applies
“Public Officer” has the meaning assigned to it in Article 260 of the Constitution
“Regulations” means regulations made under the Public Procurement and Disposal Act,
2005 or any amendment or modification thereof
“State Officer” has the meaning assigned to it in Article 260 of the Constitution .
Kwale County Government F/Y 2016-2018
61
“Supplier” means a candidate, bidder, and tenderer, Contractor, service provider or a
consultant.
“Tenderer” means a person who submitted a tender pursuant to an invitation by a public
entity
For purposes of this Code, all terms used, unless expressly defined herein, have the meaning
assigned to them in the Act.
2. Application of the Code
a) This Code of Ethics is applicable to suppliers participating in public procurement or
disposal of public assets.
b) The objective of the Code is to set minimum standards of ethical behaviour for Suppliers
to ensure compliance with the Act and the Regulations and the adoption of good business
practices.
PART II – REQUIREMENTS/OBLIGATIONS OF THE SUPPLIERS
3. Laws and Regulations
a) All public procurement & disposal shall be undertaken in accordance with the values and
principles of the Constitution of Kenya, 2010 (Article 10)
b) All Suppliers shall comply with the rule of Law.
c) Suppliers shall observe other laws, regulations, rules and practices relating to taxation,
labour, health and safety standards as well as environmental protection.
4. Professionalism
a) Suppliers are required to comply with professional standards of their industry or of any
professional body of which they are members. Where a supplier is a member of a
professional body, the Supplier shall uphold the code of ethics of the respective profession
and be of good standing.
b) Suppliers shall maintain the highest standards of integrity and professionalism in their
operations.
c) Suppliers in public procurement shall accord mutual respect and courtesy to the public
officer(s) and other suppliers without compromising their independent and distinct roles.
d) Public procurement & disposal activities shall be undertaken with the objective of meeting
the closest public scrutiny.
5. Impartiality
A supplier shall not engage in acts aimed at encouraging patronage, tribalism, cronyism and
nepotism.
Kwale County Government F/Y 2016-2018
62
6. Gifts, Favors and Corrupt practices
a) A supplier shall not offer or give gifts of any kind to public entities and/or the employees.
b) No supplier shall contact, unduly influence or exert pressure on any member of a
committee or any other employee of a procuring entity to take a particular action which
favours or tends to favour them.
c) A supplier shall not engage in fraudulent, collusive, or corrupt practices, or inappropriate
influences.
d) A supplier shall not act inappropriately by attempting to interfere with the procurement
process
7. Conflict of Interest
a) A supplier shall not accept contracts which would constitute a conflict of interest with any
prior or current contract. Suppliers shall disclose to all concerned parties those conflicts of
interest that cannot be reasonably avoided.
b) A supplier shall not enter into a contract with a procuring entity if the supplier is:
(i) An employee of the procuring entity or a member of a board or committee of the
procuring entity;
(ii) A State Officer, public Officer or a member of a board or committee of the Government
or any department of the Government or a person appointed to any position by the President
or a Cabinet Secretary;
(iii) A person, including a corporation, who is related to a person described in paragraph (a)
or (b). A relative has meaning assigned to it in section 33(2) of the Public Procurement and
Asset Disposal Act, 2015 or any amendment or modification thereof applies
(iv) Debarred from participating in procurement proceedings.
8. Performance of Duties
1) A supplier shall:
a. Duly sign this code of ethics and include it in a tender, proposal or quotation submitted.
b. Obtain and submit bid documents in the manner prescribed in the tender notice and tender
documents
c. Supply the right quantity and quality of the contracted item and deliver at the stipulated
time(s) and shall not abandon the work that they have been contracted to do.
d. Perform the obligations of the contracts efficiently and effectively
2) Suppliers shall not participate in procurement proceedings without invitation to tender and
understanding the instructions to tenderers.
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3) While responding to tenders, quotations or request for proposals, bidders should not
include unfair, discriminatory or unreasonable conditions in their bids.
4) Suppliers should
a. Ensure that their deliverables provide value for money in terms of cost, quality, quantity
and timeliness of the delivered works, goods or services.
b. Ensure that competent persons carry out the contractual obligations of the supplier.
c. Accept full responsibility for all works, services or supplies provided
5) A supplier shall not
a. Obstruct or hinder an officer of the Authority or any other authorized person from carrying
out a duty or function or exercising a power relating to procurement and disposal.
b. Knowingly or in collusion with others lie to or mislead a person carrying out a duty or
function or exercising a power relating to procurement and disposal.
9. Communication and Accuracy of Information
A supplier shall:
1) Observe strict communication limitations during the bidding process and as provided for
in the Act
2) Respond promptly and courteously to all proper requests for information, clarifications,
complaints or enquiries from procuring entities, the Authority or any law enforcement
agency.
3) Ensure that all information provided to procuring entities is given in writing by Authorized
Officers.
4) Ensure that certified copies of all mandatory certificates are availed
5) Ensure that information given while participating in public procurement or disposal is true,
accurate and fair, and not designed to mislead.
10. Confidentiality
Information obtained in the course of performance of a procurement contract in shall not be
disclosed to unauthorized persons and shall not be used for the Supplier’s advantage or
material gain or for furtherance of private interest. The obligation to preserve the confidential
information continues even after the business/contractual relationship with the Procuring
Entity ends.
11. Duty to report impropriety/corruption
A supplier shall reject and report to the PPOA and/or the relevant agency any procurement
practice which might be deemed improper.
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PART III - OVERSIGHT BY THE PPOA
12. PPOA shall assist in undertaking continuous training of the suppliers to eliminate
malpractices which might arise due to ignorance of the public procurement system.
13. PPOA will exercise oversight in the enforcement of this Code of Ethics, including taking
remedial measures where the Code of Ethics is breached
14. PPOA shall revise the code of ethics as appropriate in consultation with the relevant
stakeholders
PART IV - COMPLIANCE & MONITORING
15. A Procuring Entity may conduct due diligence, on-site evaluations and inspections of
suppliers’ facilities and/or project site, including those of their subcontractors and Joint
Venture partners to review their compliance to this Code during execution of the Contract.
16. PPOA shall, on its own motion or upon receipt of a complaint, inquire into the allegation
of the violation of the Code of Ethics and institute debarment proceedings in line with
Regulation 90 of the Public Procurement And Disposal Regulations, 2006
17. PPOA shall establish a complaints management system for reporting and receipt of
complaints on alleged violations of the Code of Ethics
18. PPOA may collaborate and partner with other agencies, organizations and professional
bodies in enforcement of this Code of Ethics.
19. All Procuring Entities shall submit a report to PPOA, annually or upon request, of any
breaches by suppliers, and any action taken against the breach, in such format as is provided
by PPOA.
PART V - ENFORCEMENT OF THE CODE
20. Any person may lodge a complaint alleging a breach of this code by a supplier to the
Authority or a Procuring entity.
21. Upon receipt of the complaint, the Authority or the Procuring entity shall register and
carry out investigations into the complaint, and may take action against the supplier in
accordance with the Act and any Regulations
22. A breach of this Code shall be subject to a debarment process as stipulated in the Act
which may attract a debarment for a period not less than five years. The breach may further
be subjected to a Court process that may lead to the imposition of other penalties as stipulated
in the Act and other Laws.
23. A Procuring Entity may disqualify a supplier from further participation in a procurement
or disposal proceeding or terminate a contract if it establishes a breach of this Code
24. A breach of this Code shall lead to termination of registration of a supplier
25. A supplier who violate the law or engage in unethical business dealings may be subject to
disciplinary proceedings.
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COMMITMENT TO THE CODE OF ETHICS (to be submitted as part of any quotation
or tender)
I …………………………………. (Supplier) Confirm that I have read and fully understood
the contents of the Public Procurement & Asset Disposal Act 2015 and the Code of Ethics for
Suppliers and my responsibilities under the Code.
I also certify that I am duly authorized to sign this Code on my own behalf and on behalf of
my organization, and agree to comply with the Code of Ethics.
Name………………………………………………. Sign……………………
Position……………………………………………….
Office address……………………………………………….
Telephone……………………………………………………
E-mail………………………………………………………
Name of the Firm……………………………………………
(Company Seal/ Rubber Stamp where applicable)
Sworn at …………... }
By the said …………. } ……………………………
Deponent
this………..…day of……………20………. }
Before Me }
}
Commissioner for Oaths/Magistrate}
AR 2016-2018
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